Search Results for "Undue Influence"

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Supreme Court

Supreme Court Allows Appeal in Civil Suit, Restoring Trial Court's Order and Granting Interim Injunction. The Court held that the second suit was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the causes of action and properties involved were distinct from the first suit, and the plaint disclosed a cause of action arising after knowledge from the written statement.

16 Apr 2026

The dispute involved a family property conflict where the appellants, the wife and daughters of the deceased original owner, challenged a Power of Att...

High Court

Gujarat High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Judgment for Failure to Consider Evidence on Testamentary Capacity. The Court holds that the First Appellate Court failed to independently assess evidence regarding the testator's mental capacity and the validity of the Will, and remands the matter for fresh consideration.

6 Feb 2026

The present second appeal arises from a dispute concerning the validity of a Will dated 15.04.1986 executed by Reshiabhai, the grandfather of appellan...

High Court

High Court of Bombay Considers Application for Rejection of Election Petition Under Order VII Rule 11 CPC. Matter Involves Scrutiny of Whether Election Petition Discloses Cause of Action and Complies with Section 81 of the Representation of the People Act, 1951.

9 May 2025

Background: The present application arose from an election petition challenging the biennial election to the Maharashtra Legislative Council from the ...

High Court

W.A.No.3582 of 2024

6 Mar 2025

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High Court

Bombay High Court Dismisses Appeal by Legal Heirs of Deceased Husband Seeking to Continue Divorce by Mutual Consent Petition. Right to Sue for Divorce is Personal and Does Not Survive to Legal Heirs Under Section 13-B of the Hindu Marriage Act, 1955.

1 Aug 2024

The case involves an appeal by the mother and brothers of the deceased husband, Aniket, against an order of the Family Court refusing to allow them to...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 21st March 1989 held not proved as the attesting witness failed to establish due execution and the propounder failed to dispel suspicious circumstances surrounding the Will.

13 Feb 2020

The suit was a challenge to a Will dated 21st March 1989 purportedly executed by late Tarapada Chatterjee, who died on 24th August 1990. The plaintiff...

High Court

Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

21 Jan 2019

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings on Validity of Sale Deeds Executed by Father in Favour of Daughter and Wife. Partition and Sale Deeds of 1972 Held Genuine and Binding on Son Who Failed to Prove Undue Influence or Fraud.

19 Jan 2010

The case pertains to a property dispute arising from sale deeds executed by Hiralal in favour of his daughter Bhejanbai and his wife Thamabai on 30 Ju...

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